Forensic Insights Fraud vs. The Auditor: “No Contest”
IT IS NO SECRET that auditors are not well suited to deal with white collar crime which is firmly rooted in fraud. The auditor’s mind set and training leave them ill prepared to discover the malicious intent that distinguishes between the honest mistake and fraud. This article introduces the auditor to fraud in hopes of developing an awareness of this complex problem and guidance on how to deal with it.
The Genesis of White Collar Crime WHITE COLLAR CRIME has become a national epidemic since its genesis in the early 1970s. Its legacy is untold losses suffered by businesses, individuals and the government. The cost of white collar crime is included in everything we purchase. Three of the factors contributing to the proliferation of white collar crime are: • It is extremely profitable; • Complex schemes by sophisticated individuals make detection difficult; and • The remote likelihood of prosecution and the resulting punishment encourages such activity. Plainly said, the payoff far exceeds the realistic imposition of fines, penalties or prison sentence. White collar criminals live in an opulent lifestyle while the “con” is operating. They bankroll their legal defense fund as well as their next scheme. In many cases their next “enterprise” is launched before the present scheme is put to rest. Long range planning is an integral part of white collar crime. The absence of any “smoking gun” type evidence is typical. More importantly, the culprits involved are not generally recognized as criminals. For example, a masked gunman in a bank puts everyone on notice that a crime is being committed. Detection is not a problem in a bank robbery. However, when the culprit wears an expensive suit and diverts the assets of a corporation through a maze of complex transactions, detection is another matter. Compounding the problem is that the schemes often use an auditor’s inability to detect fraud as part of the fraud. Audit opinions are routinely provided as evidence that everything is on the “up and up.”
Fraud Is Deception FRAUD IS THE CORNERSTONE of white collar crime and plainly stated it is a perversion of the truth, with concealment, for one’s own gain or advantage. This deceit almost always includes the contrived appearance of the criminal as a good, upstanding business person who is sincere and trustworthy. This ruse is the first assault on the victim and the last resort used against the jury who struggle perceiving the accused as a criminal.
Fraud vs. The Auditor: “No Contest” Although white collar crime is often disguised as a legitimate business failure, it is intentional and as criminal as a coldly calculated bank robbery. Every facet of the fraud is carefully planned and “camouflaged” by complex transactions and financial records. Collusion among co-conspirators cripples the effectiveness of control procedures and thwarts the reliability of independent audits. Fraudulent schemes are engineered to avoid detection by anticipating each counter measure or control procedure. Detecting fraud requires a unique blend of auditing and investigative skills. Investigators lack the necessary auditing expertise to analyze complex transactions and financial records. On the other hand, auditors do not have the investigative skills, such as interviewing, required to establish intent. A typical scenario is one where the auditor faces a culprit who is very credible, sophisticated and intelligent. Fraudulent schemes are designed to wear the auditor out by continuously placing obstacles in their way. Great pains will be taken to “create” evidence which tends to legitimize an otherwise fraudulent transaction. Schemes take into consideration the “mind set” of the typical auditor and provide enough apparently legitimate documentation to satisfy their professional curiosity.
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Forensic Accounting FORENSIC ACCOUNTING BRIDGES the gap between auditing and investigative disciplines and provides the necessary resources to effectively deal with fraud. What is forensic accounting? Unfortunately the term is commonly used and often misunderstood. The key element to forensic accounting is the development of evidentiary material that establishes intent. Intent is the motivation behind a particular act and is evidenced by material which frequently is beyond the scope of a routine audit. A good example is the testimony of individuals having knowledge of a particular transaction or relationship. A routine audit does not question why a representation is made or a transaction occurs. There is much more to forensic accounting than “debits on the left and credits on the right.” The inquiry does not conclude when things balance. Routine audit procedures are not effective in dealing with fraud. The purpose of routine audit procedures is to gather competent and substantial evidence in order to render an opinion on the fairness of management’s representations. Fraud attacks the reliability of this basic financial information. Misrepresentations and falsehoods are used to distort the truth. Informed decisions cannot be made based on jaundiced information colored by fraud. Many times these informed decisions would include looking into the affairs of the culprit and thus fraud avoids detection.
Fraud vs. The Auditor: “No Contest” FRAUD GENERALLY IS a continuing endeavor, causing more damage with the passage of time and therefore must be detected as soon as possible. The auditor can improve his or her ability to detect fraud by recognizing certain indicators which are generally present. First, the auditor must change his or her mind set or perspective, remain alert for fraud and ask the following questions: 1. What incentive is there to misrepresent a particular situation? • Monetary advantage • Continued control • Continued regulatory approval 2. How susceptible is the transaction or situation to fraud? • Misappropriating cash as opposed to selling real estate • Adequacy of internal controls • Degree of independent review 3. 4. 5. 6.
What is the likelihood of collusion? What are the ramifications of a defalcation? What is the big picture (not necessarily the details)? Is there any hesitancy on the part of management to provide information?
A mere scan of documentation provided as support or tying numbers from a document back to a general ledger amount may not suffice when dealing with a fraudster. In many cases documentation can be easily created or falsified. Examples of things to be on the lookout for could include: 1. Bank Statements • • • • •
Numbers or amounts are not symmetrically aligned Amounts do not total or subtotal correctly Decimal points missing between dollars and cents Check numbers out of sequence Random number characters that look different
2. Invoices • Lack of descriptions or product numbers • Generic invoice layouts with lack of company contact information or logos • Lack of dates or names • Paper weight and thickness is not consistent with other invoices • Vendor logo is not proportionate in size or blurry compared to other invoices • Font is not consistent on invoice or not consistent to other invoices • Payment payable to individual instead of vendor’s company name • Remittance address is outdated or not consistent to other invoices
3. System Reports • Lack of descriptive headings for information provided • No apparent date or time stamping of when report was run • Lack of totals or subtotals • Missing page numbers
Trust Your Instincts A BASIC RULE is to trust your instincts. Many times a situation does not seem right. This appearance may be based on a combination of factors. The following may indicate fraud and should be investigated further. 1. Material changes in: • Capital or equity structure • Liquid assets, particularly where cash or cash equivalents are converted to notes, obscure securities or investments in affiliates • Revenue, expense or net income (especially increases) 2. Unusual or extraordinary events disclosed in the footnotes to the financial statements 3. Related party transactions with officers/directors, shareholders or affiliates 4. Related accounts’ balances which do not agree, for example: • Investments compared to interest/dividend income • Accrued income as opposed to actual income • Accounts receivable compared to sales or cash collections • Real estate value compared to historical cost 5. Expenses for legal expenses, consulting or management fees, or unusual expenditures
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The key ingredient in detecting fraud is the ability to prove the intent of the culprit.
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Detecting Fraud
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Fraud vs. The Auditor: “No Contest” Developing Intent THE KEY INGREDIENT in detecting fraud is the ability to prove the intent of the culprit. A common mistake made by auditors who embark on a fraud examination is placing too much emphasis on the documentary evidence. It is important to remember that fraud depends upon deceit which frequently translates into false documentation. Much of the auditors ability to identify fraud will depend on testimony elicited from witnesses, both cooperative and hostile. This places tremendous importance on interviewing skills that allow the auditor to pick up on biases and even gage the veracity of the witness. Testimony will show inconsistencies in the documentary evidence which is the starting point in unraveling a fraud. As we can see, performing a fraud examination is very different from routine audit work. It requires a completely different perspective and the ability to identify intent. Auditing skills are a good foundation for forensic accounting. However, the auditor must also develop strong investigatory skills as well.
CONTACT US Brian Reed, CPA, CVA Partner-in-Charge Transaction Advisory Services brian.reed@weaver.com
Today, more than ever, you need to know the facts. Weaver Forensics is your solution. Our team combines forensic accounting and fraud investigative skills with deep industry knowledge, enabling us to swiftly and discreetly get to the facts and uncover the truth. By discovering and documenting evidence, reconstructing events, conducting interviews, analyzing complex financial transactions or providing expert testimony, our team can help you recover your losses, mitigate future damage and develop support for legal actions, if that becomes necessary. Specific services we provide include: • Analyzing complex financial transactions and relationships • Board and audit committee concerns • Conducting computer-assisted analysis of voluminous data • Independent response to whistleblower allegations • Investigating allegations of fraud, misconduct or noncompliance • Litigation and dispute support
Disclaimer: This content is general in nature and is not intended to serve as accounting, legal or other professional services advice. Weaver assumes no responsibility for the reader’s reliance on this information. Before implementing any of the ideas contained in this publication, readers should consult with a professional advisor to determine whether the ideas apply to their unique circumstances. © Copyright 2014, Weaver and Tidwell, L.L.P.
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